HomeMy WebLinkAboutResolution 2003-117 IGA with pima county for CDBGMARANA RESOLUTION NO. 2003-117
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE
MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, Pima County has submitted an application to the U.S.
Department of housing and Urban Development (HUD) for the 2003 Community
Development Grant (CDBG) funds; and
WHEREAS, in the event that HUD approves Pima County's 2003 CDBG
Consolidated Plan Annual Update, it is the desire of the Town of Marana and
Pima County, that the Town of Marana's allocation of the grant be implemented
by the Town of Marana.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Marana, Arizona, that the accompanying Intergovernmental Agreement
with Pima County be approved, provided that, as a condition precedent to the
Agreement becoming effective, HUD must approve Pima County's 2003 CDBG
Consolidated Plan Annual Update; and
BE IT FURTHER RESOLVED that upon HUD's approval of Pima
County's 2003 CDBG Consolidated Plan Annual Update, the Mayor of the Town
of Marana is authorized to execute the Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of
Marana, Arizona, this 7th~.~ba~.OaP0~r£.~~~ ~,~,.,~.~_~%~ d.a~ll[~. ,ffi~. ~er,,_.4 ooo'"~ ~?' :2003' ~
APPROVF_X) AS TO FORM:
RESOLUTION NO. 2003 -
RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT ("CONTRACT") IN THE AMOUNT OF
$260,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
WHEREAS, Pima County has submitted an application consisting of the Annual
Action Plan 2003-2004 to the U.S. Department of Housing and Urbar]
Development ("HUD') for 2003-2004 Community Development Block Grant
("CDBG") funds; and
WHEREAS, in the event that HUD approves Pima County's 2003-2004 Annual
Action Plan, it is the desire of Pima County and the Town of Marana that the
Town of Marana's allocation of the grant be implemented by the Town of Marana;
now, therefore,
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that ·
the accompanying intergovernmental Agreement ("Contract") in the amount of
$260,000.00 with the Town of Marana be approved, provided that, as a condition
precedent to the Contract becoming effective, HUD must approve Pima County's
2003-2004 Annual Action Plan; and
BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2003-
2004 Annual Action Plan, the Chair of the Board of Supervisors is authorized to
execute the Intergovernmental Agreement ("Contract~) and any related
documents necessary to implement the agreement.
PASSED AND ADOPTED ON
PIMA COUNTY, A Body Politic & Corp.
A-I rEST
Chair, Board of Supervisors
APPROVED AS TO FORM:
Deputy County Attorney
Clerk, Board of Supervisors
Contract Number:.
PIMA COUNTY COMMUNITY SERVICES DEPARTMENT
PROJECT NAME:
CONTRACTOR:
~URPOSE:
INTERGOVERNMENTAL AGREEMENT
Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, Santa Cruz Multi Use
Trail.
Town of Marana
13251 N. Lon Adams Rd.
Marana, AZ. 85653
:UNDING:
DISTRICT NO: 3
'~-5~:¢lS~-~-'--J'-:Clb-~-~i-'-:10/01/03 TO 12/31/04
Provide funding for Contractor to administer and maintain the projects to be developed and
carry out the specific activities, as described in the Project Summary Appendix A
CDBG GRANT
CONTRACT AMOUN¢? ........ ~-~ 8~)'~;~ ................
INTERGOVERNMENTAL AGREEMENT --
FOR MANAGEMENT AND IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS Intergovernmental Agreement ("Contract") entered into between Pima County, a body politic and corporate
of the State of Arizona, hereinafter called "COUNTY" as the Community Development Block Grant Recipient, and
the Town of Marana, a body politic and corporate, hereinafter called CONTRACTOR.
WITNESSETH
WHEREAS, COUNTY through it's annual Community Development Block Grant (CDBG) proposal process for federal
year 2003, required all applicants submit a proposal for each of their projects that they would like to be considered for
funding;
WHEREAS, there has been enacted into law Public Law 97-35, the Housing and Community Development Act, as
amended, the pdmary objective of which is the development of viable urban communities by providing federal
assistance for community development activities in urban areas, including the area served by the CONTRACTOR;
WHEREAS, the COUNTY as an "Urban County" as the term is used in the Act, is authorized to apply for and accept
Community Development grants with respect to its unincorporated territory and with respect to included units of
general local govemment actively participating with the COUNTY to undertake or to assist in the undertaking of
essential community development and housing assistance activities;
WHEREAS, the CONTRACTOR is a legal entity within the territorial boundaries of the COUNTY;
WHEREAS, the CONTRACTOR and COUNTY have agreed to submit a proposal to the U.S. Department of Housing
and Urban Development, hereinafter referred to as "HUD";
WHEREAS, in the event that the CONTRACTOR'S proposal is approved by HUD as part of the County's Annual
Action Plan and a Community Development Block Grant is made to the COUNTY on account of such Annual Action
Plan, the parties heretofore will enter into this Contract providing for implementation of the CONTRACTOR'S
allocation of the grant by the COUNTY, the Subrecipient or by cooperative action of the two agencies;
WHEREAS, it is the desire ~)f the CONTRACTOR and the COUNTY that the CONTRACTOR'S allocation of the grant
be implemented by the Town of Marana;
WHEREAS, the CONTRACTOR is the legal entity responsible for operating and maintaining the projects to be
developed, and carrying out the specific activities, as described in the Project Summary (Appendix A);
WHEREAS, the CONTRACTOR shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD,
with respect to the CONTRACTOR'S allocation of the Community Development Block Grant; and
WHEREAS, the Pima County Board of Supervisors reviewed and approved such proposal; now, therefore,
The parties hereby enter into this Contract, consisting of this document and Appendices B (SPECIAL AGENCY
CONDITIONS), C (CONTRACTOR'S CERTIFICATION), and D (INTERGOVERNMENTAL COOPERATIVE
AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM), al~ of which, with any
attachments, are incorporated herein.
ARTICLE I - TERM AND EXTENSION/RENEWAl
This Contract shall commence on the 1st dayof October ,2003 , and shall terminate on the 31st day
of December ,2004 unless sooner terminated or further extended pursuant to the provisions of this
Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by
both parties. This Contract, upon mutual consent of the parties, may be extended for succeeding one-year periods
for up to 2 additional years. Any modification or time extension of this Contract shall comply with the modifications
provisions contained Appendix B.
ARTICLE II - PAYMENT/FINANCING
This is a cost reimbursement Contract. In consideration of the services specified in this Contract, the COUNTY
agrees to reimburse CONTRACTOR for expenses up to $260,000.00 for administration, affordable housing land
acquisition, housing rehabilitation, and the Santa Cruz multi use trail pursuant to the following budget:
A. BUDGET
Administration
Housing Rehabilitation
Affordable Housing Land Acquisition
Santa Cruz Multi Use Trail
$ 30,000.00
$ 50,000.00
$ 3O,OOO.OO
$150,000.00
The total amount of this Contract is .~260,000.00.
B. PAYMENTS
Payments and'allocation by COUNTY will not exceed the $260,000 which as allocated for this project by the U.S.
Department of Housing and Urban Development under the Community Development BlockGrant Program. No funds
other than the CDBG funds will be expended or advanced by the COUNTY, from any source, for the projects
described in Appendix A. Payments shall conform to the budget categories itemized in this article.
Requests by CONTRACTOR for payment will include all claims and invoices of every kind and nature against
COUNTY, adsing under this Contract or any provision thereof, express or implied, or from any cause whatsoever.
If CONTRACTOR requests payment for invoiced bills, not reimbursements, CONTRACTOR must submit evidence of
payment of these invoiced bills within thidy calendar days. Future payments to CONTRACTOR may be withheld until
this evidence of payment is received and approved by COUNTY.
Reconciliation of payment received with actual costs incurred shall be accomplished pdor to final payment, or through
subsequent audit. If payment received exceeds actual costs, the CONTRACTOR shall, at the COUNTY'S sole
discretion, 1) refund to the COUNTY within 30 days of request, the excess amount; or 2) provide, during the following
contract term and without reimbursement overage divided by the unit fee in effect at the termination of the Contract
term to which the overage applied. The additional units to be delivered shall be for commensurate contract services.
If Contract services are not continued in the next Contract term, CONTRACTOR shall, within thirty (30( days of receipt
of a request from COUNTY, refund to COUNTY the excess amount received.
To the extent permitted by HUD regulations, CONTRACTOR may be paid for planning and administration
activities occurring after July 1, 2003. All planning and administration costs not used by the end of the next
fiscal year, June 30, 2004, shall be forfeited.
ARTICLE III - SCOPF
A. Purpose
The purpose of this Contract is to provide funding for CONTRACTOR to administer and maintain the projects to be
developed and cam/out the specific activities, as described in the Project Summary contained in Appendix A and
fully incorporated herein by reference.
B. Scope
Scope of work to be performed by CONTRACTOR may include:
CONTRACTOR agrees to implement their allocation of the grant as described in Appendix A hereof fully in
accordance with the terms of the overall application made by the COUNTY to HUD for funds to carry out the Projects,
the Certifications which were submitted concurrently with the Annual Action Plan to HUD, and with the
Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community
Development Block Grant Program and Home Investment Partnership Program contained in Appendix D and fully
incorporated herein by reference. The Annual Action Plan is hereby incorporated by reference into this agreement
fully as is set forth herein. CONTRACTOR agrees that it undertakes hereby the same obligations to the COUNTY that
the COUNTY has undertaken to HUD pursuant to said Annual Action Plan and assurances. CONTRACTOR will hold
COUNTY harmless against any injury which COUNTY may suffer with respect to HUD on account of any failure on the
part of CONTRACTOR to comply with the requirements of any such obligation.
CONTRACTOR shall perform in accordance with the Project Summary Appendix A set forth in this Contract. The
work under this Contract will be performed to the satisfaction of the COUNTY. COUNTY will interpret ali reports
pursuant to the budget and will decide the acceptability and progress of work, and amount to be paid under this
Contract.
C. Performance Requirements
CONTRACTOR certifies that to the best of CONTRACTOR'S ability it will perform the work in accordance with the
terms of this Contract including those contained in Appendices A, B, C, and D. CONTRACTOR shall employ suitably
trained and skilled professional personnel to perform all services under this Contract.
CONTRACTOR will supply County with a monthly and an annual report which lists statistical data on the clients
served. The report will include location of client, income leve~, famil~ size, race, if family is female headed household,
services provided, and if family is eldedy or handicapped.
ARTICLE IV- INSURANCF
CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Contract the following
type(s) and amounts of insurance:
a)
b)
Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and
Property Damage. Pima County is to be named as an additional insured for all operations performed
within the scope of the Agreement between Pima County and CONTRACTOR;
Commercial or Business automobile liability coverage for owned, non-owned and hired
vehicles used in the performance of this Agreement with limits in the amount of $1,000,000.00
combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage;
c) If this Agreement involves professional services, professional liability insurance in the amount
of $1,000,000.00; and,
d) If required by law, workers compensation coverage including employees liability coverage.
CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must
provide for guaranteed thirty (30) days written notice of cancellation, non-renewal or material change.
.ARTICLE V - INDEMNIFICATION
CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from and
against any and ail suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto,
arising out of any act, omission, fault or negligence by the CONTRACTOR, its agents, employees or anyone under its
direction or control or on its behalf in connection with performance of this Contract.
ARTICLE V! - COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, standards and Executive
Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona
shall govern the rights of the parties, the Performance of this Contract, and any disputes hereunder An action
relating to this Contract shall be brought in a court of the State of Arizona in Pima County. Any ch~ngeYs in the
governing laws, rules, and regulations during the terms of this Contract shall apply, but do not require an amendment.
ARTICLE VII - INDEPENDENT CONTRACTOR
The status of the CONTRACTOR shall be that of an independent contractor. Neither CONTRACTOR, nor
CONTRACTOR'S officers agents or employees shall be considered an employee of PJma County or be entitled to
receive any employment-related fringe benefits under the Pima County Merit System. CONTRACTOR shall be
responsible for payment of all federal, state and local taxes associated with the compensation received pursuant to
this Contract and shall indemnify and hold COUNTY harmless from any and all liability which COUNTY may incur
because of CONTRACTOR'S failure to pay such taxes. CONTRACTOR shall be solely responsible for program
development and operation.
.ARTICLE VIII - SUBCONTRACTOR
CONTRACTOR will be fully responsible for all acts and omissions of any subcontractor and of persons directly or
indirectly employed by any subcontractor and of persons for whose acts any of them may be liable to the same extent
that the CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in this
contract shall create any obligation on the part of COUNTY to pay or see to the payment of any money due any
subcontractor, except as may be required by law.
CONTRACTOR shall not enter into any subcontracts for any services to be performed under this Contract unless it
received prior written approval of the subcontract by the County. Contractor shall follow applicable Federal, State,
and County rules for obtaining subcontractor services. Prior written approval shall not be required for the purchase of
supplies where are necessary and incidental to Contractor's Performance under this Contract.
ARTICLE IX - ASSIGNMENT
CONTRACTOR shall not assign its rights to this Contract, in whole or in part, without prior written approval of the
COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not be
unreasonably withheld
ARTICLE X - NON-DISCRIMINATION
CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way
because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out
CONTRACTOR'S duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive
Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Contract by reference as if set
forth in full herein.
ARTICLE Xl - AMERICANS WITH DISABILITIES ACT
CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,
42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
ARTICLE XII - WORKER'S COMPENSATION
Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall
be considered the pdmary employer of all personnel currently or hereafter employed by that party, irrespective of the
operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
ARTICLE Xlll - FULL AND COMPLETE PERFORMANCE
The failure of either party to insist on one or more instances upon the full and complete performance with any of the
terms or conditions of this Contract to be performed on the part of the other, orto take any action permitted as a result
thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance
of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of
sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction.
ARTICLE XIV - CANCELLATION FOR CONFLICT OF INTEREST
This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of
which are incorporated into this Contract by reference.
ARTICLE XV- TERMINATION/SUSPENSION
a) Termination: COUNTY reserves the right to terminate this Contract at any time and without cause by serving upon
CONTRACTOR 30 days advance written notice of such intent to terminate, except that if the Community
Development Block Grant from the Department of Housing and Urban Development under which this Contract is
made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or
reduce the contract dollar amount of this Contract by giving the contractor written notice of such te['minafion and
specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of
termination under this paragraph, the COUNTY'S only obligation to CONTRACTOR shall be payment for services
rendered pdor to the date of termination.
b.) .Non-Appropriation of Funds: Notwithstanding any other provision in this Contract, this Contract may be terminated
if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY
or other public entity obligations under this Contract. In the event of such termination, COUNTY shall have no further
obligation to CONTRACTOR, other than to pay for services rendered prior to termination.
c) _Suspension for Cause: County may suspend operations and payments under this Contract immediately for
violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of
reasonable progress in accomplishing objectives and schedules contained in this Contract.
d) ..Administrative Suspension: County may temporarily suspend operations and payments under this Contract
immediately at any time if the Board of Supervisors or Administration determines that it is in the County's best interest
to suspend this Contract. In the event of such suspension, Contractor shall assist County by providing information
and documents to evaluate the status of the Contract and whether it should be continued.
ARTICLE XVl - NOTICF
Any notice required or permitted to be given under this Contract shall be in wdfing and shall be served by personal
delivery or by cedified mail upon the other party as follows:
COUNTY:
Pima County Community Services Director
32 North Stone Avenue. 16~h Floor
Tucson, AZ. 85701
CONTRACTOR:
Town of Marana
13251 N Lon Adams Road
Marana, AZ. 85653
ARTICLE XVII - NON-EXCLUSIVE CONTRACT
CONTRACTOR understands that this Contract is nonexclusive and is for the sole convenience of COUNTY.
COUNTY reserves the right to obtain like services from other sources for any reason.
ARTICLE XVIII - OTHER DOCUMENTS
CONTRACTOR and COUNTY in entering into this Contract have relied upon information provided in the
CONTRACTOR'S proposal submitted in response to Pima County's annual CDBG proposal process which, together
with any other submissions or representations made by Contractor, to the extent, not inconsistent with this Contract.
To the extent of any inconsistency among the Contract documents, the Special Agency Conditions shall govern
except as otherwise required by law.
ARTICLE XIX - REMEDIE,~
Either party may pursu'e any remedies provided by law for the breach of this Contract. No right or remedy is intended
to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy
existing at law or at equity or by virtue of this Contract.
ARTICLE XX - SEVERABILITY
Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by Jaw shall be
ineffective to the extent of such prohibition without invalidating the remainder of this Contract.
ARTICLE XXI - RECORD RETENTION
Contractor shall keep and maintain proper and complete books, records and accounts, which shall be open at all
reasonable times for inspection and audit by duly authorized representative of County. Contractor shall retain all
records relating to this Contract at least 4 years. The retention period starts from the date of submission of the
County's annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final expenditure report for the award or, if
later, until any related pehding proceeding or litigation has been closed. Contractor must comply with Section
570.506 "Records to be Maintained" of the Community Development Block Grant Program Entitlement Grant
Regulations. -
ARTICLE XXII - ENTIRE AGREEMENT
This document including all appendices and attachments constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This Contract may be modified, amended, altered or extended
only by a written amendment signed by the parties and recorded with the Pima County Recorder.
IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date wdtten below.
PIMA COUNTY CONTRACTOR_ TOWN OF MARANA
Chair, Board of Supervisors Mayor
Date: Date:
ATTEST
ATTEST
Clerk of the Board Town Clerk
Date: Date:
APPROVED AS TO CONTENT
Department ¢lea~/~
Pursuant to A.R.S. §11-952(D), the undersigned has determined that the foregoing Intergovernmental Agreement
between Pima County and the Town of Marana is in the proper form and within the powers and authority granted
under the laws of the State of AdZona.
PIMA COUNTY
Depu~o~Jnty,Attomey
Date:
TOWN OF MARANA
Town Attorney
Date:
See attached for each project:
Administration
Housing Rehabilitation
Affordable Housing Land Acquisition
Santa Cruz Multi Use Trail
Appendix A
PROJECTS SUMMARY
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Appendix B
SPECIAL AGENCY CONDITIONS
1. Modification
Modifications may be made to this Agreement in accordance with the following provisions:
A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and
County policies and directives. Approval of modifications is at the sole discretion of County.
B. Major modifications shall be by written amendment signed by both parties. Major modifications include any
which do the following:
a. Change the purpose of the Agreement;
b. Increase or decrease the compensation provided for in the Agreement;
c. Change the term of the Agreement;
d. Change the scope or assurances of the Agreement;
e. Change any section of the Agreement other than the Scope of Work or budget;
f. Any change that is not a minor modification as described below.
C. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima
County Community Services Department. Minor modifications are changes in the Scope of Work or budget which do
not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect
liability of the County under this Agreement.
2. Procurement of Goods and Services:
Contractor is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on
the credit of the County. Contractor shall comply with OMB Circular No. A-122, "Cost Principals for Non-Profit
Organizations" (if Contractor is a non-profit corporation) and OMB Circular No. A-110.
3. Monitoring and Evaluation:
County shall monitor all activities and information sources in the management, fiscal, and service systems of
Contractor and' any subcontracted parties, relating to performance of duties and obligations under this Contract, to
assure that Contractor is maintaining adequate and acceptable progress and systems, and to ensure that the funds
provided to Contractor by County are being used effectively and efficiently to accomplish the purposes forwhich funds
were made available.
County in cooperation with Contractor shall evaluate products, services, and performance under the terms of this
contract.
Contractor shall assist County in providing to the U.S. Department of Housing and Urban Development reports and
other communications relating to the performance and impact of the projects, as described in the Projects Summary
Appendix A.
4. Client Fees and Program Income:
Any program income generated and received by Contractor as a result of contract services shall be kept by
Contractor, used for the purpose of this contract, and reported to County.
Contractor shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with
Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations.
5. Identification Of Funding and Copyrights:
A. All advertisements, real property, publications, printed and other materials which are produced by the Contractor and
refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development
Block Grant Program in the following suggested format:
Funded by:. Pima County
and the
Community Development Block Grant Program
Reference to Pima County shall be displayed at least as prominently as other credited funding sources.
B. Contractor shall not copyright any materials or products developed through contract services or contract expenditures
without priorwdtten approval bythe County. Upon approval, the federal govemment and Pima County shall have a non-
exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted
material.
6. Nepotism
Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in
daily working contact with the other.
A. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or
half blood or child of a spouse.
County may grant temporary waiver of this policy where relative employment situation already
exists at the time of execution of this contract.
7. Audit Requirements:
A. Federal Requirements (applicable if Federal funds are involved):
If Contractor is a state, local government or non-profit organization which expends $300,000 or more of federal
funds dudng the year, then, Contractor shall comply with OMB Circular A-133 (31 U.S.C. § 503, 1111, 7501 et
seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133,
"Audits of State and Local Governments and Non-Profit Organizations."
If total expenditures of Federal awards are greater than $100,000 but less than $300,000 then a program-specific
audit in accordance with generally accepted auditing standards, which includes compliance testing, is required
annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in
accordance with generally accepted auditing standards, which includes compliance testing, is required bi-
annually. Contractors with total expenditures of Federal awards less than $50,000 do not have an annual audit
requirement.
B. State of Arizona Audit Requirements: NOT APPLICABLE
C. Additional County Requirements:
a. Contractor shall establish and maintain a separate, identifiable accounting of all funds provided by County
pursuant to this agreement.
b. County may require any contractor to provide a program-specific or financial audit at any time by providing
written notice to the Contractor. Such notice shall specify the period to be covered by the audit, the type
Appendix C
CONTRACTOR'S CERTIFICATION
Contractor hereby certifies it will comply with:
1) HUD Community Development Block Grant Regulations at 24 CFR Part 570.
2) Title I of the Housing and Community Development Act of 1974.
3) 24 CFI Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Govemments" (if Agency is local government).
4) Title VI of the Civil Rights Act of 1964.
5) Section 109 of the Housing and Community Development Act of 1974.
6) Executive Order 11246 - Equal Employment Opportunity.
7) Section 3 of the Housing and Urban Development Act of 1968.
8) Flood Disaster Protection Act of 1973.
9) National Environment Policy Act of 1969.
Section 106 of the National Histodc Preservation Act of 1966, Executive Order 11593.
10) Federal Labor Standards Provisions.
11) OMB Circular A-133, "Audits of States and Local Govemments and Non-Profit Organizations".
12) OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization).
13) OMB Circular A-110, A-87, and A-21.
14) Subpart K of the Community Development Block Grant Program Entitlement Regulations.
15) 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program
Entitlement Regulations.
16) 570.503(b)(6) Prohibition Against Religious Activities.
17) 570.503(b)(8) Reversion of Assets
APPENDIX D
Intergovernmental Cooperative Agreement
between
Pima County and Town of Marana
for the
Community Development Block Grant Program
and
Home Investment Padnership Program
See attached:
Resolution No. 2001-132
Resolution NO. 2001-52
IGA NO. 01-39-M-129182-0701
2 3 P. O6D
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RESOLUTION NQ. 2001 - 132
Resol~on of the Board of Supervisors of Pima County, Arizona authorizing execution of an
Int=rgov"rnmenL~l Coopera0ve Agreement between Pima County and the Town of Marana to engaae in
housing and community d,e. velopment activities ~rough the
Grant(CDBG) and Home InvesLment Partnership (HOM~-) Programs..Community Development Block
VVHEREAS, County and Town may contract for services and enter into agreements with one
anoths, for]oint or cooperative a~ion pursuant to A.R.S. § 11-951, et seq.; and
WHEREAs, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to
meet--~qe requirements of the Housing and Community Development Ad of 1974 and subsequent
amendments; and
WHEREAS, County and Town desire to engage in housing and community development activiti=s
as ~-uthofized under the Housing and Community DeveIo:)ment AG ~f 1~ - . -
amendments; and , ,,74 :nd sumsequent
WHEREAS, CoUnty and Town do hereby find and determine that it is in fha be~" ,=--~, the
residents of the unincorporated areas of the-. County and of the Town of Marana ~at ho~s/ng and
community Bevelopment a~vities b= Derfo~m=~
Agreement a,~ +.~, ,~-,~ .... _ - ,- . .-,., ~,~,,uy Jn accordance with the ]~r'ovisions of this·
','-' -,-, ',~ u.~. U=par~ment o~ Housing and Urban Development ('HUD) recommends that
expenditures of funds for each purpose be on an Urban County basis; and
V;qWEREAS, it is mutually beneficial to each of the paPJes hereto for the County to adminisler
execute the provisions of the Agreement in accordance with the terms and conditions hereinafter
provided and sub]e~ to local ordinance and State and Federal law; now, therefore.
BE IT RESOLVED BY-/HE BOARD OF SUPERVISORS OF' .PIMA, COUNTY', ARIZONA, as foiiows:
Im-rgov=mmenta/Cooperaiive Agreement between PJm,~ County end the Town
2. of Maran.~ for CDBG and HOME Program purposes is hereby approved; r-nd
, n~ Chair of the Bo~d of Supervisors is hereby instructed and -.=utho,,ized to si~n
intergove,,-amental Coop.retire Agreement for the P/ma County Board or bupe~¢sors.
,--,S~-D AND ADOPTED ON -
P!MA COUNTY,F~ ~,ody Politic & Corp
APPROVED AS TO FORM:
ueputy CSunty.Attomey
i
A RESOLUTION OF THE MAYOR ANT) COUNCIL OF T~ TOWN OF ~~ ~ZoN
AUTHO~ZtNG EXECUTION OF ~ ~TERGO
AG~E~,T BE~EN PI . _ VE~MENT~ COOPE~TIVE
HOUSING ~D CO~Ty DEVELOP~NT ACTIVITIES THROUGH THE
CO~TTy DE~LOPI~NT BLOCK G~NT (CDBG) ~D HO~ ~VESTMENT
P;~ERSHIP (HO~) PROG~s.
~,~, Coun~ ~d To~ ~y contract for semites ~d enter ~to ~dements Mth one
~nother for jolt or cooperative action p~s~t to A.R.S.~ 11-951, et. seq.; ~d
~AS, it ~ necess~ to enter ~to
order to reset th~ req~-ements of the Ho~g ~d Co~ty Development Act of ~974 ~d
subsequent amendments; and
WHE-~R~AS, Comnty and Town desire to en=a e ' : -' ·
acUvmes as au*' fizz4 ,,~a~ ,~ ,r_.. , ~ '= g m ho~mg ~d co~tv d~x,~l ......
mmen~men*s- and ~m~ tuna ~o~~ Development Act of 197~ an~ -- :~ ~ ~"~
WI-IEi~AS, Co,,~aD, and Town do hereby ~ad and determ/ne that it is Lq the best interest of
the residents ofuhe un/nco~ratad areas orr/ne Coun~ and of the Town of Marana that housing mud
commmn/13, de-','elopment acffvities be p~,~o_r-med jomdy/n accordance vdth the orov/s/ons of Lb_ds
A=~eement and that the U.S. Depa-/ment of Housing mhd u-ban Development (H~'D) reco.,r~mends
d',~t expend/tm-es offzn~ for each purpose be on an Urban Co-mary basis; and
V~P.~E~, it fs mu.',~!/y ~ne~ci~ to each -~- ~ '
m rh~ part,es hereto for th, Coun~ to Md:'rJ_n/ster
and execute the prov;zior, s of the A~eement fin actor ~dance w/th ~e terms mud con~do~ here:mm~er
proxdded and subject to loc~ ord/n~nce and State and Federal/au,,;
NOW, TJ~REFOR_E, BE IT R_ESOLVED by the Mayor and Co--cfi of the To'am of'
Ma-auk .~.-/zo?., ~ foJJows:
~'~ Town of Mm-tuna ~or CDBG md ~OR~ Pro~ p~osss k hsreoy a,proved:
Tn~ Mayor offs Towm
Ints~ovem~ent~ Cooperative A~eamsnt for Lh~ To~ of Mm-~a.
i
:..-
PASSED AND ADOPTED by the Mayor and ~ouncil of the Town ofMarana, .~z/zona, tNs
22"? day of May, 2001.
ATTEST:
APPROVED AS 'FO FOR_M:
~'"-'"-~an/el J. Hochuli '
As Town Ar:orney and no[ p_ersonalIy
~ON, JR.
i
Intergovernmental Cooperative Ac
between
____. CONTRACT
This number must
Invoices, corr_~.po,,c_~.
documents perz~Jning :o this
Pima County and Town of'Marana
for the
Community Development Blc;ck Grant Program
and
Home Investment Partnership P~gram
This intergovernmental Cooperative Agreement made and entered into this 1st da,=y
of_July 200_1, by and between the County of Pima, a body politic and corporate o~ the ~tat~
of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal
corporation of the State of Arizona, located within the boundaries of the County of Pima,
hereinafter referred to as "Town.'~
RECITALS
A. WHEREAS County and Town may contract for services and enter into aqreements with
one another forioint or cooperative action pursuant to A.R.S. § 11-951, et s~q.
B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the
requirements of the Housing and Community Development Act of 1974 and subsequent
amendments. ~
C. WHEREAS County and Town are individually a'[~thorized by iaw to engage in housing and
community development ac. tivities.
D. WHEREAS County and Town do hereby find and determine that Jt is in the best interest of'
the res/dents of the unincorporated areas of the County and the Town that housing and
community development activi..des be performed jointly in accordance with the provisions of this
Agreement and that the U.S. Department of Housing and Urban Development recommends
that expenditures of funds for such purpose be on an Urban County basis.
E. WHEREAS it is mutually beneficial to each of the part/es hereto for County to administer
and execute the provisions of this Agreement and the provisions of the Agreement for
Management and Implementation of the CDBG Prooram and HOME Program Agreements
entered into by the parties, Which Aoreements are hereby incorporated by reference as if fully
set forth herein, in accordance with '~he terms and conditions hereinafter provided and subject
to local ordinance and State and Federal law.
NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the
matters and things hereina~er set forth, do mutually agrees as follows:
Pima County, as an Urban Count, is hereby designated as the sponsoP;na aoencv to
administer and '
~mp,~m~nt the plan and program for housing and community
development activities for each of th" padici~atin~ ".arties t" '~-~- ^,-·
accoraance wl~ ~e prows~ons of the Housing and Community Development Act of
1974 and subsequent amendments, the laws of the State of Adzona, and the terms
and conditions provided herein. In this respect, the Town a~rees that ~e Coun~ JS
hereby delegated the power to plan and undedake commun~y development projects
within its judsdicdon and will have the final respohsibility for selecting all CDBG and
:_..:
o
o
HOME projects in accordance with the approved Community Development and Housing
Consolidated Plan pursuant to 24 CFR Part 91.
It is understood and agreed that the County as the Grantee is to take the final
responsibility and to assume all the obliqations of applicant for assistance under the
provisions of said Housing and Commun~'ty Development Act of 1974 and subsequent
amendments, the three-year certifications'as re'quired by HUD, subject to change in
legislation or regulations and the Consol/dated Plan. '-
The Counfy and Town agree to cooperate to .undertake, or assist in undedaking,
community renewal and lower income housing assistance activities, specifically urban
renewal and publicly assisted housina.
The County and Town do not have the power to veto or otherwise restrict or withhold
the support given by the County or the Town to the activities proposed in the
Consolidated Plan for any program year covered by this Agreement. in the event that
any participating member entity does not comply with a federal Prerequisite in order for
funds to be expended in such area, then said entity's share shall be expended within ail
or any portion of the area served by the member entities who qualify under the
provisions of said
It is understood that in order to qualify for funds under the Housing and Community
Development Act of 1974 and subsequent amendments, it is necessary that a
Consolidated Plan be submitted to and approved by the United States Department of
Housing an~l Urban.Development. Ail parties hereto agree to abide by the terms and
conditions of an approved Consolidated Plan for housing and community development
aciivities as submitted to the Department of Housing and Urban Development.
Upon executing the Agrvem~n, the Town agrees not to apply for CD:3G funds from the
State of Adzona Small Cities Program, and may not Participate in a HOME consodium
except through the U~an County during the period in which it is participating in the
Urban County's CDBG Program. Nothing herein shall be construed as lira/tine in any
manner the powers of any of the respective part/es to initiate and complete'a local
project within their respective jurisdiction with their own funds.
The 'lsat day of July 200'1 , shall=be the effective date of Agreement, and
remain in force'fo;- three years. This}.gresm~nt covers CDBG and HOME Program
funding for Federal Fiscal years 2002, 2003, and 2004. This Agreement may be
amended to extend the tsr[n, of Agreement in order to compl=t,: achy/t/es funded but
not Completed, or to expend program ~ncome r=celved during the three ),ears covered
by this Agreement.
The Town and the Coun~ recognize that the County shall be the governmental
required to eXeCUte an), grant agreement received pursuant to ·Consolidated Plan,
that the County shall thereby become responsible thereunder for the proper
performance of the plan and program. The Town agrees that it shall fully cooperate
with the County in all efforts hereunder and that they will assist in doing any and all
things required or appropriate to comply with the provisions of any grant a(ar='-
received by the County pursuant to the Act and its regulations. ~ ......
o
10.
All records of the County or Town related to this Consolidated P!an and any projects
undertaken pursuant thereto shall upon reasonable notice, be available for inspection
by HUD, County, and/or Town auditors, dudng no~-nal business hours.
This Intergovernmental Cooperative Agreement shall be binding upon the parties
hereto, their successors and assignees. An~ assignment of Agreement shall be void
without the consent of the other party.
Pursuant to the primary objective of Title I of the Housing and Community Development
Act of 1974, the parties hereby agree to direc~ their Community Development Block
Grant and HOME Program resources .toward the development of viable urban
communities, by providing decent housing and a suitable living environment and
expanding economic opportunities; principally for persons of Iow- and moderate-
income.
11. County and Town will take all required actions necessary to comply with the Urban
County's Certification required by Section l~0~(b) of Title I of the Housing a.n,d
Community Development Act of 1974, as amended, including Title VI of the Civil Righ,s
Act of 1964, the Fair Housing Act; section 109 of Title I of the Housing and Community
Development Act of 1974 and other appIicable laws. County shall not fund Town if the
Town does not affirmatively further fair housing within its own jurisdiction. County and
Town agree to affirmatively further fair housing within County and Town. Town shall
take no actions to impede the County's actions to comply with County fair housing
certification.
12. County and Town have adc;l~ted and are enforcing policy prohibiting the use of
excessive force by law enforcement a~dendes within its jurisdiction aoainst any
individuals engaged in non-violent civil rights demonstrations; and ~
A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
13.
The paAies agree that a fully executed amendment or amendments to this Agreement
shall be entered into as required or necessary to implement a detaiied and formulated
plan and program as contemplated hereunder or for the purpose of complying with any
(:rant aoreement received or the regulations issued pursuant to th. ,-.~.~.
Failure by either Party to adopt an Amendment to this Agre~m=n, incorporating all
changes necessary to meet the requirements for cooperation Agreements set fo~h in
the Urban County Qualification Notice applicable for the year in which the next
qualification of the Urban County is scheduled shall automatically ,erm nate ,n,~
Ag,.=m~n, following expenditure of all Community Development Block Grant and
HOME funds allocated for use in the Town's jurisdiction. ..
14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same reouirements
applicable to subrecipients, including the requirement for a written ,-,u,=ement set foAh
in 24 CFR 570.503.
15. The Count, as the CDBG grant recipient for the urban county has full responsibility for
the execution of the community development program, for following its Consolidated
Plan, and for meeting the requirements of oti~er applicable laws (e.g., National
Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil
Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing
and Community .Development Act of 1974, thC Americans with Disabilities Act of 1990,
and for a~rmatively furthering fair housing). County s_hall be held accountable for the
accomplishment of the community development program, for following the
Consolidated Plan, and for ensuring that actions necessary for such accomplishment
are taken by Town.
16. The par'des acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511
be included in every contract of a political subdivision of the State of Adzona and that
both parties must comply with all applicable provisions of Arizona Executive Order 75-5,
as amended by Executive Order 99-4 [relating to non-discrimination].
THIS SPACE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be
executed the 3rdday of Ju.l¥ ,2001.
PIMA COUNTY BOARD OF SUPERVISORS
Chair, Board of Su~iso s 7/3/0:1.
TOWN OF. MARANA
Mayor
- Clerk, Bb'~Ed 6f SuEe~i~or( ~f ~ ? ~
REVIEWED BY:
ATTEST:
Town Attorney
APPROVED AS TO FORM:
Deputy County A~omey